Jury Instruction - Multiple Conspiracies - For Use With General Conspiracy Charge
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FAQ
Penalties. Under the federal conspiracy statute, the offense is punishable by up to five years imprisonment, plus fines.
In most U.S. jurisdictions, for a person to be convicted of conspiracy, not only must he or she agree to commit a crime, but at least one of the conspirators must commit an overt act (the actus reus) in furtherance of the crime.
Federal conspiracies are punishable by up to five years in jail plus fines. Some of the most common conspiracies charged at the federal level include money laundering or the manufacturing of drugs or weapons. Misdemeanor conspiracies typically carry whatever sentence is the maximum for that misdemeanor.
(2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
In some respects, conspiracy is similar to attempt, to solicitation, and to aiding and abetting. Unlike aiding and abetting, however, it does not require commission of the underlying offense. Unlike attempt and solicitation, conspiracy does not merge with the substantive offense; a conspirator may be punished for both.
Put simply, a criminal conspiracy is an agreement to commit an unlawful act. The agreement itself is the crime, but at least one co-conspirator must take an overt act in furtherance of the conspiracy. Under the federal conspiracy statute: The agreement by two or more persons is the essence of the crime.
It is fairly difficult for a defendant to withdraw from a criminal conspiracy; the defendant must prove that he, in fact, walked away; and. withdrawal is a complete defense only if it occurred more than five years before the indictment.
Unlike conspiracy or attempt, which require an additional act in furtherance of the crime itself, solicitation does not require that the solicited party actually take any action to commit the crime. Simply asking a person to commit a crime is enough.